Thank you, Madam Chair.
I think we have to remember what legal advice is. Legal advice is advising somebody about potential courses of action and the pros and cons of those courses of action and advising someone as to what the person may wish to do.
In my view, this provision actually says, “This is the information you must provide.” It doesn't encourage or discourage a course of action. It doesn't say, “You should apply to set aside the publication ban” or “You should not apply to set aside a publication ban ” or “These are the things you should consider.” That, to me, would be legal advice.
For instance—I'm trying to recall now—we used to have to send out letters under the B.C. Victims of Crime Act that would say, “This is a victim impact statement,” and it wouldn't be uncommon to say what can go into a victim impact statement.
For instance, a victim impact statement cannot have information as to the proposed punishment or what the victim believes should be a punishment. That is objective. You can't do that. This is the form a victim impact statement can take. Suggesting whether you should submit one or how you should express yourself is getting into advice.
I think that this is the exact same thing. I could see it taking the form of a letter saying, “This is what a publication ban is. These are your rights as a victim under the publication ban. This is what you can do. This is what you can't do. Do as you wish. Get legal advice if you wish.”
Thank you.